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water rights to Cugnini after completion of the reclamation work described below in <br />Section 9. <br />Section 9. RECLAMATION WORK <br />9.01 Within thirty (30) days after execution of this Lease Agreement, FCM will <br />provide a reclamation bond to Colorado Division of Minerals and Geology to replace the <br />existing bond. During the term of this Lease Agreement, FCM shall provide its labor, <br />services and materials for reclamation work to be performed at the Gravel Pit and the <br />future expansion area. Ali reclamation work performed by FCM shall be performed in <br />accordance with the terms of the Gravel Permit, as amended or modified, and Cugnini <br />and CLACC hereby authorizes FCM to complete all required reclamation work as <br />required by the Colorado Division of Minerals and Geology. <br />9.02 FCM shall complete the reclamation at the Gravel Pit required by the <br />Colorado Division of Minerals and Geology pursuant to the terms of the Gravel Permit, <br />as amended, and in no event later than one (1) year after this Lease Agreement <br />terminates. Notwithstanding any terms to the contrary stated herein, all terms relating <br />to reclamation stated in this Section 9 shall survive termination of this Lease Agreement <br />and are enforceable by all parties either in law or in equity. <br />9.03 Notwithstanding any provision stated in this Lease Agreement to the <br />contrary, and in the event FCM never mines gravel, sand or other rock products at the <br />Gravel Pit during the term of this Lease Agreement, FCM has no obligation to perform <br />or complete any reclamation work at the Gravel Pit relating to prior operations <br />conducted by Cugnini or other entities or persons. <br />9.OA FCM shall not remove topsoil from the Cugnini Property. <br />Section 10. NOTICES <br />10.01 Notice to FCM. Any notices required under this Lease to be given by <br />Cugnini to FCM shall be sent by first class mail or by telefacsimile followed by first class <br />mail to: <br />p~J. S;e round, Pr,~s;deaf <br />Attn: _ <br />Oldcastle SW Groufr,'In'c. a Four Corners Materials <br />P. O. Box 2707 <br />Durango, Colorado 81302 <br />Telefacsimile No.: (970) 259-3631 <br />Cugnini Pil Leaze <br />10129102 <br />Page 7 of I S <br />